US court protects Google, Twitter and cat memes – 05/28/2023 – David Wiswell

US court protects Google, Twitter and cat memes – 05/28/2023 – David Wiswell


As the world’s leader in technology platforms as well as talking too loudly, the United States has once again proven our dedication to free speech, for better or worse.

Decisions taken by the Supreme Court in two recent cases involving the liability of companies for crimes that allegedly stemmed from their use and promotion of algorithms will impact the future of free expression on the internet.

These lawsuits ask: how far does the guilt of these companies go? And how do these court rulings on terrorist attacks affect my ability to post the cutest cat memes?

In both cases, with subtle differences, families of people killed by the Islamic State sued platforms claiming that they aided and abetted the terrorists. Out of respect for the loss suffered by these families, I will not include a joke in this paragraph, but I promise to come back with my typical, dumb, childish jokes.

WHAT A POOP (didn’t I say?). In the action Gonzalez vs. Google, authors allege that YouTube promoted ISIS content, helping to radicalize members of the terrorist group. This called into question section 230 of the Communications Decency Act, which says internet companies cannot be treated as liable for content.

This is the cornerstone of free speech on the American Internet. Since companies are not responsible, they can let us post freely. Let the cat memes run wild!

Some say reversing measure 230 would be like holding the library accountable for the ideas expressed in Hitler’s book “Mein Kampf”. As much as I wish the library would stop providing something as vile and horrible as a… book (yuck!), I have to agree.

But because the algorithm specifically promoted the content, it was more like you went to the library and the librarian handed you “Mein Kampf”, saying “hey, you’re into Hitler? Want to read hate speech?”

And since these algorithms are known to deliver highly thought-provoking content, often the kind that evoke emotions like anger and fear, we could postulate that they’re often saying, “You look like a Hitler hater. How about I ruin your day so that I can mine your data and force you to watch ads based on that data? ‘Mein Kampf’ ads, for example?” Even Hitler could find this a distortion. But is it illegal?

The Twitter vs. Taamneh argued that by creating these platforms and not doing enough to keep IS out of them, internet services aided and abetted attacks.

It seems you could sue a highway a terrorist drove down, an email service he used, or a kitten meme whose sheer joy gave him the strength to carry out his heinous task. Leave Garfield alone!!!

Supreme Court justices unanimously ruled that since algorithms serve content without objectivity, platforms are not legally liable. But they declined to render a verdict on section 230 and referred the matter back to the lower courts, saying the case appeared to lack merit.

Sort of like when you don’t want to do your chores around the house, so you force your little brother to decide about the fate of free speech while you play Mario Kart.

At many points during the arguments the justices mentioned that they were confused and said that this was a job that should more properly be turned over to Congress.

Half of them are in their 70s or early 70s and are unfamiliar with algorithms. Since the oldest congressman is 89 years old, there may be room for a teen court that would help lawmakers understand how to go viral… in a way that doesn’t put their lives at risk.

I think that ultimately the judges did the right thing in protecting free speech, but that companies do need to be better regulated by people who have a deep understanding of how these platforms operate and will operate with the future of artificial intelligence. .

I just wouldn’t look for a regulatory body on Youtube, because this could recommend… the Islamic State.

Translated by Clara Allain


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